Only Fed High Court Can Try 16 Officers Accused of Plotting Coup Against Tinubu- Falana

Human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana has called on the federal government to arraign the military officers currently in detention for alleged coup plot against President Bola Tinubu’s government.

Falana who spoke to Punch newspaper on Saturday decried the continued detention of the military officers alongside 24 other people allegedly connected to the “coup plot.”

The senior lawyer argued that under the law, the suspects cannot be detained for more than three months.

He said: “They claim that 16 have been indicted. Why are they still detaining about 40 people? If you say you have indicted 16, then you must release the others who are still being detained.

“The military authorities are operating under a constitutional government, not under a military dictatorship. It is wrong to continue detaining the other suspects. Even for those who have been indicted, by now they should be made to face justice. You can’t keep them indefinitely since October last year.

“Under the Constitution, they cannot be detained for more than three months. They should have been arraigned, especially after the investigation report was released, instead of trying them in the media and leaking snippets of the report. That amounts to a media trial, which is not permitted under the Constitution.”

On the insinuation that the suspects were still being detained without trial due to confusion over the appropriate court that can try them, Mr. Falana said that the constitution is clear on the issue of jurisdiction. He stated that, only the Federal High Court has the jurisdiction to try coup plotters for treason. He noted that even during the military era, the military governments created special tribunals with decrees to try coup plotters. He stated that the alleged coup plotters cannot not be court martialled under a civilian democratic administration, noting tat such trial risks being eventually quashed at the Supreme Court.

According to Falana, “A court martial has no jurisdiction. If they go ahead with a court martial, the decision will be set aside. It happened in the Second Republic, when Mandara was taken to the Federal High Court, which had no jurisdiction at the time. He was freed by the Supreme Court. If you go to the wrong court, the case will be thrown out.

“We are in a civilian government; you can’t go to a court martial. They are not trying to overthrow a military dictator but a civilian President. Even throughout the military regime, no coup plotter was taken to a court martial because it is not covered by the Armed Forces Act. They were usually taken to special tribunals created by decrees for the trial of coup plotters. Those decrees have been repealed, and we are left with the Constitution.

“The Constitution states that treason and treasonable felony shall be tried in the Federal High Court. You can’t go to any other court. The Constitution is superior to the Armed Forces Act”

After weeks of speculations and denials, the Nigerian Defence Headquarters (DHQ) announced that indeed, some military officers had been detained for breaching “service regulations.”

In a press statement issued  by the Director Defence Information, Brig Gen Tukur Gusau on October 4, 2025, the DHQ officially announced the arrest and detention of 16 military officers.

Part of the statement read:

“The Armed Forces of Nigeria wishes to inform the public that a routine military exercise has resulted in the arrest of sixteen officers over issues of indiscipline and breach of service regulations.

“Investigations have revealed that their grievances stemmed largely from perceived career stagnation caused by repeated failure in promotion examinations, among other issues.

“Some of the apprehended officers had been under jurisdiction for various offences, either awaiting or undergoing trial. Their conduct was deemed incompatible with the standards of military service.

“Upon completion of investigation indicted officers will face the full military disciplinary process in accordance with established procedures to ensure accountability and preserve professionalism within the Armed Forces

“The Armed Forces wishes to assure the general public that these actions are strictly disciplinary in nature and part of routine efforts to maintain order, discipline, and loyalty within the ranks.

“The Armed Forces will not tolerate behaviour that undermines the integrity of the institution or threatens its constitutional role under democratic authority. The Armed Forces of Nigeria remains fully committed to its constitutional responsibilities and will remain professional at all times.

However, despite the conclusion of the investigations, the alleged coup plotters have remained in detention without trial.

On Monday, January 26, 2026, the Director of Defence Information, Major General Samaila Uba, announced in a statement that the military authorities have concluded investigations and were ready to arraign the suspects.

According to Maj Gen Uba, “The comprehensive investigation process, conducted in accordance with established military procedures, has carefully examined all circumstances surrounding the conduct of the affected personnel. The findings have identified a number of the officers with allegations of plotting to overthrow the government which is inconsistent with the ethics, values and professional standards required of members of the AFN.”